On 15 July 2020, the ACCC issued a draft determination proposing to grant conditional authorisation to Private Healthcare Australia Limited, its members, and Members Health Fund Alliance and its members (the Participating Parties).
The ACCC had previously granted conditional interim authorisation to enable the Participating Parties to engage in the proposed conduct while the ACCC is considering the substantive application. Conditional authorisation will allow the Participating Parties to continue to make, and give effect to, arrangements, and to discuss and share information with each other in relation to private health insurance coverage during the COVID-19 pandemic.
The ACCC proposes to grant conditional authorisation for six months from the date on which final authorisation is granted.
Authorisation provides businesses with legal protection for arrangements that may otherwise risk breaching competition law but are not harmful to competition and/or are likely to result in overall public benefits.
Further information about the ACCC’s draft determination is available on the ACCC’s public register at: Private Healthcare Australia Limited.